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INDONESIA
JURNAL HUKUM dan KENOTARIATAN
Published by Universitas Islam Malang
ISSN : 25493361     EISSN : 26557789     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : -
Articles 5 Documents
 1 
Search results for , issue "Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan" : 5 Documents clear
The Problem of Notary Covernote As The Basis of A Bank In A Means of Financing or Credit In The Field of Banking Azura, Audilia Hany; Akhmad Budi Cahyono
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20675

Abstract

The notary's covernote itself is issued because the authentic deed relating to the bank credit disbursement process has not been completely completed by the notary, so the covernote is issued as a temporary legal umbrella while the process of making the authentic deed is completed by the notary. So the aim of this research is to find out the legal position of notary covernotes which are used as the basis for credit disbursement if they cause problems in the future and what the responsibilities of notaries are in issuing covernotes that are not regulated in statutory regulations. This research uses normative juridical research methods. The results of this research show that the practice of making covernotes by notaries is a habit carried out by notaries because creditors or banks want credit disbursement to be carried out so they need a basis for this so that making covernotes by notaries is not regulated by law and is not is a legal product from a notary which results in the absence of legal certainty in the covernote.
Parate Executie Polemic: The Nature of the Authority to Sell Creditors for Objects of Collateral Rights Shohib, Muslim; Abid Zamzami
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20754

Abstract

Execution of collateral objects is basically uncomplicated. The holder of the first Mortgage is also entitled to carry out direct execution of the object of the Mortgage that is used as collateral because in addition to the deed of Mortgage it also functions as proof of the existence of a Mortgage. Mortgage is a guarantee institution for land rights in the codification of national land law since the Mortgage Law was promulgated on April 9, 1996 , Mortgage rights function to provide protection for certain creditors and certain positions. where the deed is affixed with the irah-irah "For the sake of Justice Based on Belief in the One and Only God", which has executive powers which is the same as a court decision that has permanent legal force. Despite the fact that the auction procedure is likewise governed by a Minister of Finance Regulation, many lawsuits seeking the cancellation of auctions are nonetheless filed with the District Court on a regular basis. This research is included in the category of normative legal research, which analyzes laws and regulations in a comprehensive legal system. With regard to authority, in essence, an owner (eigenaar) has the power to control (beschikkingsbevoegdheid) and is authorized to act (handelingsbekwaanheid), but a person who is not an owner does not have power (beschikkingssonbevoegdheid) and may not act. Parate executie arrangements were prepared by legislators as a form of legal protection for the parties and are an excellent means of adjusting to legal requirements in the economic field.
Land Tenure and Utilisation Challenges of The Land Bank Concept in Indonesia Permadi, Iwan
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20750

Abstract

The existence of the Land Bank is arguably redundant, as the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency could be optimised in seeking balance and justice in the distribution of land, including to indigenous peoples. Then, the model of open cooperation in land utilisation by not determining the priority scale from the Land Bank to business entities, individuals, or community groups, can open space for abuse of power and conflicts of interest. This type of research is normative juridical with a conceptual approach and a statutory approach. The results of the study show that the Government should form policies by striving to protect the livelihoods of indigenous peoples, the issuance of PP No.64 of 2021 concerning the Land Bank Agency can cause conflicts of interest between the community and the government, so the government needs to conduct a review and master the real land issues of land tenure in the Land Bank policy.
The Validity of The Sale And Purchase Deed Was Not Signed in The Presence of Land Deed Officer Titis Giriarti; Tri Lisiani Prihatinah; Sri Wahyu Handayani
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20844

Abstract

The sale and purchase deed is proof that the sale and purchase process has been carried out regarding land rights or ownership rights to apartment units made by land deed officer. In making sale and purchase deed is must be attended by the parties carrying out the legal action concerned or their authorized person and land deed officer. The problem raised in this research is the validity of the sale and purchase deed whose signing was not in the presence the land deed officer. The research aims to analyze the validity of deeds of sale not executed in the presence of a land deed officer and the responsibility of the land deed officer towards the aggrieved party in making such deeds. Deeds of sale that are not executed in the presence of a land deed officer are considered illegitimate because they fail to satisfy both the formal criteria. The responsibility of the land deed officer towards the aggrieved party regarding the making of deeds of sale takes the form of civil liability, responsible to compensate for the damages caused by their fault and materially compensate for the losses suffered
Strategy For Improving The Quality of Public Services In Permit Management in Article 4 of Law Number 25 of 2009 Concerning Public Service Rivay Kaimudin; M. Mas’ud Said; Rulam Ahmadi
Jurnal Hukum dan Kenotariatan Vol. 7 No. 3 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i3.20848

Abstract

Problems arise in improving the quality of public service delivery regarding rental transport licensing at the East Seram-Maluku Regency Transportation Service, which are still hampered by a lack of human resources in providing good service, accompanied by a lack of service infrastructure so that the licensing implementation system cannot work properly. as well as a lack of supervision of public transportation activities on the highway so that it is not orderly in providing services to the community. This writing is motivated by the existence of problems, namely related to strategies to improve the quality of public services in Licensing Management at the East Seram Regency Transportation Agency, then procedures for improving the quality of public service delivery in Licensing Management at the East Seram Regency Transportation Agency, as well as the inhibiting factors for improving the quality of public service delivery and management Licensing at the East Seram Regency Transportation Department. The type of research carried out by this author is qualitative descriptive research. The data collection technique used in this study was obtained through the Library Studies and Field Studies conducted by interviews and observations. And analyzed qualitatively by combining library research and field research.

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